1. The plaintiff's conjunctive claim added at the trial and the plaintiff's appeal are all dismissed.

2. The appeal costs.

Basic Facts

The father B lent KRW 10 million to the defendant around 2015.

On November 8, 2017, the Plaintiff entered into a contract with D, the agent of C, through B, to purchase C’s co-ownership share of KRW 150 million (hereinafter “instant contract”) among F forest land 2,528 square meters, G forest land 83 square meters, H forest land 1,126 square meters (hereinafter “instant land”).

According to Article 6 of the contract of this case, if the contract of this case is cancelled due to the failure of the plaintiff or C, the parties to the contract may claim damages to the other party, and the contract deposit shall be based on compensation

According to the terms and conditions of the instant contract, C shall divide approximately 200 square meters of the share of C out of the instant land in kind by the payment date of the remainder and complete the registration of ownership transfer for the divided land to the Plaintiff.

On the other hand, D bears a lot of obligations against the Defendant at the time of the instant contract.

D and B paid 20 million won out of the down payment of 30 million won to the defendant on the contract date of this case, and the remainder of 10 million won out of the down payment is paid to the defendant Eul.

In lieu of the transfer to D of 10 million won of the loan claim stated in the subsection.

The Plaintiff prepared the balance under the instant contract and demanded C to divide the land and transfer the ownership thereto several times, but until now C has not completed the division of the land of this case.

Accordingly, on July 2, 2018, the Plaintiff sent to C a certificate of content to the effect that the instant contract will be rescinded on the ground of non-performance of divided duties. The above content certification reached C around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), and summary of the plaintiff's primary claim for judgment of testimony of the witness D of the trial party D is the amount loaned to the defendant by Eul to the defendant on the contract date of this case.